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NORTH FULTON MEDICAL CENTER v. STEPHENSON

Nos. S98A0484, S98X0486.

501 S.E.2d 798 (1998)

269 Ga. 540

NORTH FULTON MEDICAL CENTER v. STEPHENSON, et al. NORTHSIDE HOSPITAL, INC., et al. v. STEPHENSON, et al.

Supreme Court of Georgia.

Reconsideration Denied June 26, 1998.

Attorney(s) appearing for the Case

David J. Bailey, Michael J. McConnell, Ruth H. Gershon, Jones, Day, Reavis & Pogue, Atlanta, for North Fulton Medical Center, Inc.

Randall L. Hughes, Kathlynn Lea Butler, Powell, Goldstein, Frazer & Murphy, Atlanta, for Northside Hospital, Inc. and Hospital Authority of Fulton County.

Clyde Lowaine Reese, State Health Planning Agency, William W. Calhoun, Asst. Atty. Gen., Hon. Thurbert E. Baker, Atty. Gen., Alan Gantzhorn, Senior Asst. Atty. Gen., Brenda Sue Hill Cole, Deputy Asst. Atty. Gen., Department of Law, Atlanta, for Pamela Stephenson and State Health Planning Agency.

SEARS, Justice.

This is the fourth appeal to this Court spawned by the State Health Planning Agency's ("SHPA's") attempts to satisfy the requirements of the State Health Planning Act ("the Act") in connection with a relocating Fulton County health care facility. In this appeal, we find that SHPA sanctioned the facility's relocation by promulgating a rule that, as applied, conflicts with the Act's express legislative requirement that before any relocating health care...

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